家庭医疗休假法(FMLA)
The FMLA is a labor law allowing an eligible employee to take job-protected unpaid leave due to a serious health condition (as defined by the FMLA) that makes the employee unable to perform his/her job; to care for a sick family member; or to care for a 新生儿(包括出生、领养或寄养). 此外，FMLA允许 an employee to take job-protected unpaid leave to care for a covered service member or veteran with a serious injury or illness and allows for exigency leave for military 家庭.
合资格雇员的定义为:
• having worked for that employer for at least 12 months; and
• having worked at least 1,250 hours during the 12 months prior to the start of the
FMLA leave; and,
• work at a location where at least 50 employees are employed at the location or within
75英里的位置
符合条件的员工有权:
在12个月内有12个工作周的假期，用于:
• the birth of a child and to care for the newborn child within one year of birth;
• the placement with the employee of a child for adoption or foster care and to care
for the newly placed child within one year of placement;
• to care for the employee's spouse, child, or parent who has a serious health condition
的定义 配偶:
In compliance with recent United States Supreme Court precedent, the term "spouse"
for federal tax purposes, and for other federally mandated benefits, including the
Family Medical Leave Act, shall include a same sex spouse where the marriage is legally
在举行婚姻的国家得到承认.
For most employer-provided benefits, however, federal law does not compel benefit 为同性配偶提供保险的计划. 与过去的做法保持一致 University, Texas law (which does not recognize same sex marriage), and the teachings of the Catholic Church, the term "spouse" is defined as a legally recognized union between a man and a woman, including properly executed and legally authorized common 法律的婚姻.
家长 means biological, adoptive, step or foster parent or any other individual who stood in loco parentis to the employee when the employee was a child. 这个术语没有 包括“岳父母”."
孩子 means biological, adopted, foster, stepchild, legal ward or child of person standing in loco parentis, who is under the age of 18 or age 18 or older and "incapable of 由于精神或身体残疾而自我照顾."
代替父母 is defined as including those with day-to-day responsibilities to care for or financially 抚养孩子.
• a serious health condition that makes the employee unable to perform the essential
工作职责;
• any qualifying exigency arising out of the fact that the employee's spouse, son,
daughter, or parent is a covered military member on "covered active duty;"
Twenty-six workweeks of military caregiver leave- leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin.
间歇休假/减少时间表:
The FMLA allows employees to take FMLA on an intermittent 基础 or to work a reduced
在某些情况下的时间表. 需要间歇性/减少时间表的员工
leave for foreseeable medical treatment must work with their employers to schedule
the leave so as not to unduly disrupt the employer's operations.
Intermittent leave can be recorded in as small of increments of time as a quarter 1小时(15分钟). In cases of FMLA leave, exempt (salaried) employees should document 所有休假时间，包括部分休息日. FMLA允许扣除 partial leave days when a physician orders an exempt employee to work less than 8 hours per day and the leave is requested under the Family Medical Leave Act policy.
FMLA休假期间医疗保险及工资:
During FMLA leave, group health insurance coverage continues under the same terms
以及员工没有请假的条件. 此外，大学
requires employees to use their accrued sick and vacation leave time during the entirety
他们的FMLA休假. If the leave time is depleted during the FMLA leave, the employee
会进入无薪状态吗. 伤残假，包括工伤假
(to the extent it qualifies) will be designated as FMLA leave and will run concurrently
在休假.
员工的责任
In general, employees must give 人力资源 at least 30 days advance notice of
the need to take FMLA leave when he/she knows about the need for the leave in advance
这样做是可能的和实际的. 在无法给予的情况下
advance notice, the employee should give notice as soon as it is known that the leave
是否有必要，并在可行的情况下尽快这样做. 员工应联系Human
资源，以便根据FMLA请求休假.
The employee will be required to provide support for their request for FMLA by a certification issued by a health care provider or written documentation of a military member's covered active duty or call to covered active duty status for requests for exigency leave. Certification forms should be obtained from 人力资源. 未能提供认证 可能导致休假请求被拒绝.
Employees are required to report all time used under the FMLA in writing to Human 资源. If the leave is intermittent it should be reported on a per pay period 基础. 此外，大学 may require an employee on FMLA leave to report periodically on their status and intent to return to work. 在某些情况下， employee may be required to prove a medical release to return to work.
For more information about the FMLA, employees are encouraged to visit the following
网站: http://www.痛单位.gov /机构/